Modern Ghana logo

FEATURED: [trailer] Anas To Drop Shocking Video On Children At Orphanage Eating ...

08.05.2019 Feature Article

Is the Loquacious Kwaku Boahene of NDC now Seeking False Alibis?

...Ghana Justice System is Becoming a joke!
Is the Loquacious Kwaku Boahene of NDC now Seeking False Alibis?

I have to bow down my head in shame when the thought of the reality of the Ghana justice system continually becoming a joke hits me like a thunderbolt. Why are the country’s prosecutors, especially the Attorney Generals, letting Ghanaians down by their incompetence, intentional or unintentional desire not to prosecute criminals brought before judges in court? They often fail to get their facts and credible evidence ready for prosecution hence always going for adjournment of cases based on such flimsy excuses.

This dismal and unprofessional or deliberately colluding attitude by our Attorney Generals or State Prosecutors has until today not permitted the successful prosecution and conviction of the notorious swindler, Alfred Agbesi Woyome. The prosecutors themselves go to court only to plead for adjournment of cases called for hearing because they have not got all their vital documents ready. This is absolute bollocks, to say the least!

Ghana’s problems are all down to the failure of enforcing laws in the country. Sorrowfully, our law enforcement agents, the police and the judges are corrupt hence criminals getting more fearless by the day when committing their crimes because they will only get a slap on the wrest when arrested or arraigned.

On Tuesday, 7 May 2019, I heard an activist NDC defence lawyer for Kwaku Boahene grant an interview to a radio station. In the course of answering the questions put to him by the interviewer, he kept saying the case against his client, thus Kwaku Boahene, will collapse like a pack of cards when it goes to court for a hearing or trial to start. This is because, he has been able to obtain alibis from four people including a small chief in Kumasi that Kwaku Boahene was not in Accra on the day and date that the meeting which was secretly recorded on audio was held let alone, being present at the meeting. According to him, the case against Dishonourable Samuel Ofosu Ampofo will simultaneously collapse like a pack of cards when that against Kwaku Boahene collapses.

This lawyer Amaliba or whatever he calls himself, amazes me with his irresponsible arguments dating from the day he became an NDC activist defence lawyer. He does not make sense to me at all. It doesn’t take one to be a lawyer to know the law.

Do we accept recorded audio or video as credible evidence in Ghana courts whether the recording was secretly made or openly done with the consent of all the parties present? Are such video and/or audio evidence permissible, acceptable and credible to be used in court?

I personally heard Kwaku Boahene repeatedly say that all those in the meeting including himself were concurring to all the things being said by Samuel Ofosu Ampofo hence they were intermittently giving him applause. I was in Ghana, and in a Taxi with my nephew Kofi Nketia going from Tema to Accra on the day he gave that interview to a radio programme presenter on air. How can this same person who is on recorded audio, heard by many Ghanaians as being in the meeting and being supportive of the criminal plots being hatched by Samuel Ofosu Ampofo, now claim he was not even in Accra let alone, being present in the meeting? Has he now realised his stupidity and how a coward he is? He is now licking back his own sputum like a dog. He has now realised the serious of his assertion and how coward he is despite his public show of bravado hence denying that he was in the said criminal meeting.

He is making his case worse by seeking false alibis from some equally little-minded persons. His defence lawyer who is equally a misfit and can never be accepted to practice law in Europe or America because of his infantile presentation of his arguments, is buying into the nonsense of having procured alibis from four persons to ascertain that Kwaku Boahene was not in Accra on that date but in Kumasi or wherever they want to connive to tell that he was.

The lawyer goes on to tell the radio interviewer that Kwaku Boahene’s claim that he was in the meeting on that day and was 100% supportive of Samuel Ofosu Ampofo’s criminal plots was merely a political talk coming from someone trying to demonstrate his political weight in Ghana. This is bollocks!

If forensic evidence has proven that the voice on the tape is that of Samuel Ofosu Ampofo, how can in the unlikely situation where Kwaku Boahene is exonerated from blame, concomitantly collapse any criminal case against Samuel Ofosu Ampofo?

Why is the Attorney General not up to speed but by her probably incompetence or deliberate, but hidden desire to set them free, not having every evidence complete and ready to have Ofosu Ampofo and Kwaku Boahene successfully prosecuted and convicted?

Let Amaliba or Kwaku Boahene come to Europe or go to America and at their airport or on their plane start shouting that he has got a bomb in his luggage or on his person that he will let explode in seconds, although he may be joking? He will be lucky if he were not shot dead instantly. If they arrest him and taken to court, even though he may be joking and has actually no bomb in his luggage or on his body, he will be sentenced to a minimum of five year jail term. But here is a case that he was present in a diabolical meeting and is now turning around scuttling like a frightened dog with its tail tucked in-between its legs seeking false alibis. What a loudmouth without balls in-between his legs Kwaku Boahen is.

What is alibi? Alibi is "the defense by an accused person of having been elsewhere at the time an alleged offense was committed". What is the punishment for giving a false alibi? Let me quote from Wikipedia. "The giving of a false alibi, beside resulting in possible subsequent criminal offences (obstruction of justice, perjury, etc.), may, in some jurisdictions, result in negative ramifications for the trial itself. In Canada, the giving of a false alibi may be used by the court as actual evidence of guilt, provided certain requirements are met.[4][5] Specifically:

The alibi must not be believed;
There is evidence of an intention to fabricate the alibi that is independent from the evidence used to show the alibi is false; and

The court must reject all innocent explanations offered that would explain why a false alibi was fabricated"

Have readers seen how serious giving false alibi can be? Those giving false alibi must be careful because if their evidence is found to be false, they can themselves be charged with perjury apart from jeopardizing the case for those they intended to help.

Kwaku Boahen, where is your audacity now? Samuel Ofosu Ampofo, where is your credibility now? Lawyer Amaliba, where is your intelligence now?

The Attorney General must get her act together! The dithering and seeming incompetence are too much to make His Excellency Nana Addo Dankwa Akufo-Addo’s fight against corruption become only a political gimmick. The number of years taken, coupled with the unnecessary numerous adjournments, to finally hear and declare verdicts by our Ghana judges is shameful and gives cause to the daring perpetration of crimes by criminals. Speedy trial. Speedy declaration of verdict. Case sorted.

Rockson Adofo

Rockson Adofo
Rockson Adofo, © 2019

This author has authored 1772 publications on Modern Ghana. Author column: RocksonAdofo

Disclaimer: "The views/contents expressed in this article are the sole responsibility of the author(s) and do not neccessarily reflect those of Modern Ghana. Modern Ghana will not be responsible or liable for any inaccurate or incorrect statements contained in this article."

Reproduction is authorised provided the author's permission is granted.